Health and Safety at Work Act 2015 — complete NZ guide
Health and Safety at Work Act 2015Updated April 2026⚡ Live legislation content
What HSWA requires
The HSWA requires every business (PCBU) to ensure, so far as is reasonably practicable, the health and safety of workers and others affected by work. The Act replaced the Health and Safety in Employment Act 1992 with significantly higher duties and penalties.
The "reasonably practicable" standard
Not absolute — it requires weighing the likelihood of harm, severity, available controls, and their cost. Courts assess whether you did everything you could that wasn't grossly disproportionate to the risk.
Who HSWA applies to
PCBUs — all businesses and undertakings (companies, sole traders, partnerships)
Officers — directors, senior managers with significant influence — personal duty to exercise due diligence
Workers — employees, contractors, labour hire workers, volunteers
Penalties
Offence
Individual
PCBU/Body corporate
Reckless conduct (risk of death/serious injury)
Up to 5 years and/or $300,000
Up to $3,000,000
Failure of duty (harm caused)
Up to $150,000
Up to $1,500,000
Failure of duty (no harm)
Up to $50,000
Up to $500,000
Your team asks HSWA questions before every job and after every incident.
Upload your H&S procedures and give every worker instant, cited answers from any device.
PCBUs must engage workers on H&S matters and cannot simply impose safety rules. Workers must be able to raise issues without reprisal. For businesses with 5+ workers, a formal worker participation practice is required.
Common questions
The HSWA 2015, in force from 4 April 2016. It introduced the PCBU concept, higher penalties, and stronger officer duties.
A Person Conducting a Business or Undertaking. Broader than 'employer' — includes companies, sole traders, government agencies, and voluntary organisations.
A person with significant influence over PCBU management — typically directors, CEOs, and senior managers. Officers have a personal duty to exercise due diligence.
Yes. Section 83 gives workers the right to cease work they reasonably believe creates serious risk. They cannot be penalised for good faith refusal.
An elected worker representing their work group on H&S matters. HSRs can investigate incidents, direct cessation of unsafe work, and attend WorkSafe interviews.
What happens when staff ask this question at 11pm?
"Our site manager is asking whether our safety plan needs updating before we start the foundation work."
Construction company safety officer — morning before site start